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To: LibWhacker

Whether or not he’s extradited doesn’t depend on the law or the facts in the case, but 100% on whether or not Novak is a lib.


The Constitution requires states to return people accused of crimes in other states. It’s not up to Illinois judges to determine if Wisconsin law or prosecutors are just or not. If he rules against extradition, he will be overruled.


10 posted on 10/30/2020 10:18:54 AM PDT by hanamizu
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To: hanamizu

I’m certainly no lawyer but it seems to me he should be able to get a writ of habeas corpus on the grounds that he should not be charged or held for what was pretty clearly an act of self defense.


19 posted on 10/30/2020 10:48:25 AM PDT by LibWhacker
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To: hanamizu

The Constitution requires states to return people accused of crimes in other states. It’s not up to Illinois judges to determine if Wisconsin law or prosecutors are just or not. If he rules against extradition, he will be overruled.


The only thing at issue here, is that the Wisconsin case is so extraordinarily frivolous and vengeful - and on video.

Though if it is actually automatic, there would not be need for a hearing.


20 posted on 10/30/2020 11:02:05 AM PDT by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
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To: hanamizu
The Constitution requires states to return people accused of crimes in other states.

That is true in general, but the charges have to be legitimate, and apply to the person whose transfer is being sought.

As one example, and it is a matter of facts, it is a defense to extradition if you are not the person accused of the crime that the other state is seeking to extradite you for.

In that case the defense would provide evidence that the person accused of the crime in the other state was not the individual in custody.

There are other arguments that can be raised as well, and for at least one of the charges it is clear from Wisconsin law and uncontested facts that Rittenhouse did not violate the law.

22 posted on 10/30/2020 11:03:20 AM PDT by freeandfreezing
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